The Harvard Student Agencies is seeking to prevent John A. Marlin '62 or his lawyer George Waldstein '46 from asking any questions about its financial dealings on "Let's Go: A Student Guide to Europe" during a deposition session Friday.
At a hearing this afternoon the HSA will request U.S. District Judge Anthony Julian to grant its motion excluding financial information on advertising, publicity, printing, distribution, and earnings of the 1961 and 1962 guides from the topics Waldstein may cover when he takes depositions Friday.
Waldstein wants to get sworn statements on the finances, texts, and title of the guide from HSA general manager Dustin M. Burke '52 and G. Oliver Koppell '62, HSA's president. Waldstein has requested them to bring all HSA records on "Let's Go" with them when the depositions are taken.
The depositions are the first move in the pre-trial discovery phase of Marlin's suit against the HSA over rights to "Let's Go." Previously, the court denied Marlin's motion for a preliminary injunction banning further sales of the 1962 edition of the guide.
Through its lawyers Harold Rosenwald '27 and Allan W. Drachman, L.L.B. '61, the HSA contends that questions about the financial aspects of the 1961 "Let's Go" are irrelevant to the litigatiton and that queries on the finances of the 1962 guide are premature.
The HSA motion "further alleges that the disclosure of all such confidential matters would injure it in respect of matters unrelated to this action." Producing records and disclosing information on the finances of "Let's Go" would be "unjustly annoying" and "oppressive" to HSA, the motion adds.
Last night Marlin said he was "very curious" why HSA took this position. He asked, "Have they something to hide?"
Marlin alleges that the HSA and YTC Universal (North America), a travel agency which co-sponsored the 1961 edition of the guide, infringed his copyright and trademark by publishing a 1962 edition of "Let's Go" without his services or consent.
The HSA has categorically denied Marlin's claims. It asserts that Marlin was simply its employee when he wrote the 1961 "Let's Go."
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